In-court personnel and juries

In common law countries like Australia and England there are certain traditions as to how courtrooms are constructed, laid out and decorated. Courts vary considerably in their organisation, depending on the type of court, the building and the practical day-to-day uses and requirements of the courtrooms and support systems.

In essence, courts are laid out to reflect and symbolise the power of the judge as the representative of the Crown. This is because the theory of the common law is that all justice flows from the Crown. This power is intended to be respected and obeyed by all who enter the court, and it is common custom, particularly in superior courts like the Supreme Court, to bow to the judge upon entering and leaving the court. It is also required that all present in the courtroom stand up upon the entry and exit of the judge, and address the judge as 'Your Honour', 'Your Worship' or 'Judge'. Other protocols of courtesy and honour exist, particularly at the higher levels, such as the tradition for lawyers from opposing sides to sometimes refer to each other as 'my learned friend'.

The judge always sits behind a raised podium or desk, known as 'the bench'. In an example of what is called 'metonymy', 'the bench' is used to refer to the judge's position and role, much like the way 'the Crown' refers to the position and role of the Queen or King.

Judges and magistrates are appointed by the government. The government, however, can never remove a federal judge in Australia. Only parliament may remove a judge from his/her office (and only for proven incapacity or misbehaviour). Judges have usually worked as barristers, solicitors, or judges in lower courts. They are expected to have a large amount of experience in the law and great powers of research and reasoning to aid in their decision-making.

Judges in higher courts are assisted by their associates, sometimes referred to as 'Tipstaff', whose job it is to help the judge with administrative work and research; in some cases to discuss the case with the judge and to assist in the production of the judgment. Associates usually have several tasks including asking the accused whether they are pleading guilty or not-guilty and taking the verdict.

There can be a variety of other personnel in a courtroom, such as prison officers or bailiffs whose job it is to escort and secure the accused in criminal trials, court reporters or 'stenographers' who transcribe everything that is said in the courtroom, and court illustrators who produce the images of the courtroom that appear in the media.

In front of the judge's bench, usually sit tables for the plaintiff, the defendant, and their respective counsel. These counsel are professional lawyers, and depending on the nature of the court hearing, they might include: one or more counsel for the plaintiff or claimant in civil trials; lawyers for the prosecution in criminal cases; barristers hired to represent respondents in civil cases or defendants in criminal cases; or public defenders representing accused persons in a Local or District Court. Barristers often sit with solicitors who provide ongoing advice and discussion during a case, but only the barristers address the judge, jury and witnesses. Witnesses are called up to the dock to be cross-examined by each side of the case. Aside from the jury, the rest of the courtroom is populated by representatives of the media and members of the public.

In jurisdictions that allow for jury trials, the jury sits to the side of the courtroom, and enters and exits through their own entrance. The history of juries goes back to mediaeval times in England. Early legal systems had provisions which stated that (at least) twelve leading nobles in each district could be sworn in to investigate crimes in an unbiased manner. Unlike in modern times, these early juries investigated cases themselves.

These days, in a criminal matter, a jury is made up of a group of twelve citizens (men and women). The jury listens to the evidence presented in court and decides whether the prosecution has established, beyond a reasonable doubt (the 'burden of proof'), that the accused person did in fact commit the crime as charged.

Jurors can be any citizens between the ages of 18 and 70. Jurors are selected at random by a computer from the electoral roll. Some people, such as those who have been in prison, are disqualified from jury duty. Unless you have a good reason, you must serve on the jury when asked - it is considered a public duty. Jurors are paid a small amount (around $90 per day) for their time.

The jury's job is to examine the pleadings (arguments) of both sides and decide what really happened (find the facts). They do not have to decide on legal questions, or on what sentence should be handed down to a guilty person. The judge directs the jury as to questions of law and sentencing that are relevant to the case. Jurors can be challenged by either side if they are considered to be biased for some reason and can be replaced. All members of the jury must individually swear an oath that they will carry out their duties conscientiously and in an unbiased way.

The jurors elect a foreman to speak for them and ask questions on points of clarification. This allows the process to run smoothly. Once the jury has left the courtroom to make their decision, they are free to debate and argue the case for as long as it takes to reach a unanimous verdict.

If the majority of jurors are convinced that there is no way of persuading the other jurors to agree with their point of view, the foreman will inform the judge that they have failed to reach a verdict. The judge may then discharge them and order a retrial with a new jury. This is called a hung jury. Juries are also sometimes used in civil trials, although there are often fewer than twelve members in a jury.